Abstract
The study examines the features of transitional justice. The author gives definitions and goals of this concept. As it was noted by the scientists Ovcharenko and Shcherbaniuk, transitional justice includes judicial and extrajudicial mechanisms, such as prosecution, compensation, truth commissions, institutional transformations, and a combination of the above. For the first time, the content, main elements, and mechanisms of transitional justice are described in detail, which is considered in the context of the simultaneous transformation of Ukrainian society from an authoritarian past to a democratic present and from military conflict to post-conflict. Referring to Arkadiy Bushchenko (2017) transitional justice, as a model of society's transition from authoritarian to democratic, and from armed conflict to post-conflict, is currently the most modern approach to solving the problems that Ukraine has been dealing with since the end of 2013. Therefore, given this understanding, there is a prospect of developing a national legal model for the implementation of the basic principles of transitional justice. With the ultimate goal of the process of reconciliation in society, the concept of transitional justice involves the simultaneous operation of the state in four areas: effective criminal prosecutions, reparations, institutional reforms, and official statement of historical truth.
Highlights
Every day, we observe violations of human rights, which are the most important values enshrined in international law, and these violations constitute crimes against international law
This research is based on the conceptual approach of John Rawls (1980) who presents an overview of the field of transitional justice: What justifies a conception of justice is not its being true to an order antecedent and given to us, but its congruence with our deeper understanding of ourselves and our aspirations, and our realization that, given our history and the traditions embedded in our public life, it is the most reasonable doctrine to us”. ( Rawls, 1980: 519)
Among the general scientific methods of research have been used philosophical, dialectical, synergetic, induction and deduction, typology, materialist, and empirical methods, and from the special legal research ones, the following methods including the method of complex analysis, which reveals the prospect of enshrining this concept in the legislation of Ukraine, and the formal-logical method to develop a unified approach to national regulations concerning the conditions, grounds, and subjects of application of transitional justice were applied
Summary
We observe violations of human rights, which are the most important values enshrined in international law, and these violations constitute crimes against international law. During the aggravation of Ukrainian-Russian relations, the issue of responsibility of the parties to the conflict for crimes is very important. The practice of post-conflict settlement of different states shows the need to apply the concept of transitional justice to convict war criminals
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